STAND. COM. REP. NO. 3683

Honolulu, Hawaii

RE: H.B. No. 2211

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Water and Land, to which was referred H.B. No. 2211, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL MARINE LICENSES,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Require the Department of Land and Natural Resources to issue commercial marine licenses;

(2) Provide that a single commercial marine vessel license satisfies the licensure requirement for all persons aboard the licensed vessel; and

(3) Require any person who provides fishing charter services to obtain a commercial marine license.

Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Lokahi Fishing, LLC; Protecting Coral Reef Wildlife for the Fishes; Moana Ohana; Friends of Hanauma Bay; Center for Biological Diversity; Hawai‘i Reef Ocean Coalition; Waialua Boat Club; HFACT; Hawaii Goes Fishing; Hawaii Longline Association; Tropic Fish Hawaii LLC; Fresh Island Fish Co.; and twelve individuals. Your Committee received testimony in opposition to this measure from Earthjustice. Your Committee received comments on this measure from the Sierra Club Hawai‘i.

Your Committee finds that existing commercial marine license laws prove burdensome for many small-scale commercial fishers. Your Committee also finds that there exists confusion as to whether shore-based fishing charters are required to obtain a commercial marine license. This measure addresses both issues by simplifying the commercial marine licensure requirements to clarify that a commercial marine license is required for all taking of marine life for commercial purposes and that a single commercial marine license is sufficient to cover the fishing activities of all persons aboard a validly-licensed vessel.

Your Committee has amended this measure by:

(1) Removing the requirement that the Department of Land and Natural Resources issue commercial marine licenses for the taking of marine life for commercial purposes and making conforming amendments; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2211, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2211, H.D. 1, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Water and Land,

________________________________

KAIALI'I KAHELE, Chair